T-Mobile backs off on tower

GLENDALE — T-Mobile USA Inc. plans to drop its opposition to a city moratorium on cellular towers and work with residents and city staff members on a proposed antenna that sparked a grass-roots movement from neighbors, company officials said Thursday.

The announcement followed a City Council vote Wednesday to place a moratorium on cellular towers, specifically targeting T-Mobile’s proposed installation in northwest Glendale — which neighbors said would lower property values and could be detrimental to their health.

“We thought about it last night and realize that this is a good thing,” said Clark Harris, a senior manager for the telecommunication company. “It’s going to allow us to sit and spend some time with the community at large and move forward and have a good ordinance.”

Council members said they intend to impose a 45-day freeze on all cell towers — specifically T-Mobile’s proposal to install a 29-foot street lamp and pole upon which the wireless antenna would be mounted. The council plans to formally vote on the moratorium at Tuesday’s meeting, and the ordinance would likely be enacted within 30 days, officials said.

The about-face from the telecommunications company occurred less than 24 hours after a T-Mobile attorney wrote to the council, contending that a moratorium is unnecessary and illegal.

In the letter, attorney Tania B. Dao said “the city’s plan to block T-Mobile’s access to the public right-of-way violates several provisions . . . of the federal Telecommunications Act of 1996.”

That federal law generally prohibits cities from challenging telecommunications companies. But a September ruling by the 9th Circuit Court of Appeals gave greater power to a local municipality — San Diego County — than courts had previously granted.

Though federal law gives Glendale limited legal wiggle room, Harris said T-Mobile has no plans to sue the city — as Glendale attorneys expected they would.

“At this stage, no lawsuit,” Harris said. “We are going to be very engaged with residents and staff.”

If enacted, the ordinance could precipitously change future construction of cellular towers in Glendale, Mayor John Drayman said.

Not only would it freeze installation of a T-Mobile tower on Cumberland Avenue, but it would also stop the installation of “a significant number” of other antennas, Drayman said.